Hosted By Practising Law Institute

The Dodd-Frank Act established a novel, comprehensive framework for the regulation of over-the-counter (OTC) derivatives and the market participants who transact in these products.  That regulatory framework, split primarily between the SEC and CFTC, has been substantially implemented by the CFTC.  For their part, the SEC has made substantial progress and has most recently focused on finalizing the rules applicable to security-based swap dealers and major participants.

The program is intended to provide a comprehensive overview of the evolving regulatory framework for OTC derivatives and derivatives market participants, and explain how the regulatory framework affects these products, the structure of the market for these products and market participants. 

During the Enforcement Trends, Litigation, Insolvency and Resolution Authority: Safe Harbors; Orderly Liquidation panel with Curtis A. Doty, topics covered include:

  • Review of recent cases of interest to the OTC derivatives market
  • Differences among the Federal Deposit Insurance Act, the Orderly Liquidation Authority, and the Code
  • Resolution stay issues
  • Fed's proposal to include new entities as eligible for FDICIA netting

During the Derivatives Taxation panel with Mark H. Leeds, topics covered include:

  • The application of the new limitations on the deductibility of interest (Section 163 (j))
  • Tax issues presented by IBOR replacements
  • An overview of how the base erosion and anti-avoidance tax impacts derivative and funding transactions entered into by financial institutions  

For additional information, please visit the event website.